Brooklyn Child Custody Attorneys
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Creating the right child custody order for your children is critical to protecting their best interests. A child custody order can address many issues. These issues are both big and small, but they are all important for your children. You may need to create a child custody order in order to establish a set schedule for parenting time. You may need to modify an existing child custody order that’s already in place.
When can a court make a custody order?
The court can enter a custody order when parents are unmarried or when married parents separate and divorce. The court oversees custody, parenting time and child support until the child is 18 years old. The parties are free to make agreements regarding custody, and the courts generally uphold these agreements as long as they agree that they’re in the child’s best interests. If you don’t agree with the other party, the court listens to the evidence and makes a decision.
Legal and physical custody
When the court hears a custody case, they decide how to award legal custody and physical custody. Physical custody is who has physical control of the child and who is responsible for the child’s care at any given point in time. In some cases, it may be appropriate to award one parent most of the time with the child. In other cases, it may be best for the child for the parents to share physical custody roughly equally.
Within a custody decision, the court also creates a parenting time schedule. The court determines how transitions in parenting time should work. The court determines when each parent should exercise parenting time. If a parent needs restrictions like supervision or special rules because of a unique situation, all of these special situations can be addressed in the custody and parenting time order.
Legal custody is who has the right to make decisions about the child. It also controls who has the right to access important information about the child such as school records and medical information. When parents have joint legal custody, they must agree on major decisions for the child.
In most cases, the court awards legal custody to both parents. However, in some cases, it’s best for a child to have only one parent make major decisions and have access to information. You can work with your Brooklyn child custody attorneys to determine what the court is likely to do in your case and how to best present the evidence to advocate for your position.
How does the court decide custody?
When the court decides custody, it looks at the entire circumstances surrounding the children. There’s a presumption that children should be raised by their parents unless it’s a unique situation. The court looks at the totality of the circumstances, but it’s not like going through a checklist and adding up the total. The court may give more or less weight to each issue depending on how important it is by comparison. The court looks at things like who the primary care provider has been up until now, who is more capable of providing the children with safety and guidance and whether there is domestic violence or abuse present in any relationship.
How can I get the custody order I’m looking for?
When the court decides child custody, the court allows the parties to admit evidence. It’s up to you to work with your brooklyn child custody attorneys in order to gather the evidence that you want to present. You may testify in your case and call the other party to testify. You may call witnesses such as counselors, teachers and family friends.
In some cases, you may ask the court to order that the other party receive a substance abuse evaluation or a mental health examination. Emails, photographs, videos and certified records can serve as valuable pieces of evidence. You present the evidence to the court along with arguments about why the evidence supports what you’re asking the court to do in the case.
Let’s talk about your case
Our team of Brooklyn child custody attorneys can help you evaluate your case from every angle. We can help you examine your case to determine a strategy to achieve the best possible result in court. From preparing legal pleadings to gathering evidence to presenting your case in court, at each stage, we offer you skilled and compassionate representation to help you and your children in the best way possible.
In New York, child custody laws are designed to be in the best interest of the children involved. There are many guidelines when determining what exactly is in the best interest of a child. Understanding how New York law determines this can help when deciding how to proceed with a case.
New York Child Custody Laws
New York law at one time assumed the mother was always the better parent and should have custody. Custody laws in New York are different today. Neither parent is now automatically assumed to be the better custodial parent. A father in New York can now get custody of his children. The custody of children is now determined on an individual case by case basis. Custody of children can be decided based on the individual status of the parents getting a divorce. This is also the case if a couple has not been married but did have children together. Parental marriage is not a major factor when determining child custody in New York.
*Joint Custody – Both parents share custody. A schedule of time with each parent is decided by the parents or the court.
*Physical Custody – This is when a child resides with one parent. The other parent is considered the non-custodial parent and will have a schedule created for visitation.
*Legal Custody – This is a situation where one or both parents are responsible for making important decisions concerning the child. This could involve religious issues, education, medical issues and more. It may also only involve the court giving only one parent the authority to make the final decision concerning these issues.
Best Interest Of The Child
The most important factor for a New York court for determining child custody is what is in the best interests of the child. New York custody laws have certain criteria used to determine what this is in each custody case.
*Length of time a child has been living with either parent
*Physical and mental health as well as the financial stability of each parent
*Location that has been the child’s primary residence
*Presence or absence of domestic partners each parent’s household
*Any special needs of the child a parent is better able to handle when compared to the other
*A parent’s ability to assist with a child’s religious upbringing and beliefs
*The presence of domestic violence in a parent’s household
*The work schedule of each parent
*If siblings are involved as New York courts want siblings to be together
*If a strong bond exists between the parent and child
*The parenting skills of each parent
*The home environment of each parent and more
Shared Physical Custody And Child Support
Under the Child Supports Standards Act of New York, child support must be paid by a non-custodial parent to a custodial parent. This amount will be determined by the formula used by the state. Should the parents have an equal 50/50 split of physical custody, there is a way to determine which parent must pay child support. The parent with the higher income will be determined to be the non-custodial parent. They will be required to pay the other parent child support. Parents do have the option to agree to sign a contract so the requirement of child support from one another is eliminated.
Custody and rights for visitation are not automatically granted to grandparents in New York. It is possible for one or more grandparent to file a Petition so a court can grant them visitation or custody. It is rare for a grandparent to be awarded custody over a parent. It can also be a challenge for a grandparent to obtain a schedule of visitation from a court. It does happen, but it is not easy.
Preparing For Custody Trial
Prior to trial, each parent should know what the other is requesting for support as well as custody. They should each have evidence ready to prove their case. It is important parents seeking custody make every effort to conduct themselves properly during the trial. It is a parent’s best interest to make a good impression on the Judge deciding their case.
There is no legally specified age where a court will consider a child’s preferences when it comes to custody. The older the child, the more likely their preference may be taken into consideration. When it comes to determining custody, a court will be looking at the totality of the circumstances of the child and parents. A New York lawyer will know what is involved with child custody. They will know the law and how to best present a parent’s case before a court to obtain the desired result.
Child custody cases are some of the most important and heart-wrenching cases in the entire legal system. New York child custody laws determine who provides direct care for a child and who makes decisions for the child. Generally the court considers the best interests of the child when they make child custody orders.
Physical and legal custody
There are two types of custody in brooklyn. These are physical custody and legal custody. Physical custody is who has physical possession of the child at what times. Legal custody is who can make major decisions about the child. The court can award joint custody or primary custody in each case.
In many cases, the court awards joint legal custody. That means that both parents have to agree on major decisions about the child’s education, medical care and other big issues. Physical custody is often not as easy to decide. In cases where the parties live relatively close by and they can work together sufficiently for the purposes of the child, the court considers awarding equal custody. In other cases, physical custody may not be equal.
When making custody decisions for the first time, the court looks at a number of factors. First, the court considers each parent’s physical and mental health and their ability to care for a child. They look at whether there’s domestic violence between the parents, and they consider what effect that violence has on the children. They consider whether the parents can work together adequately in order to make joint custody work.
With or without joint physical custody, the court creates a parenting time schedule. This is the specific day-in and day-out schedule that the parents follow with the child. In the vast majority of cases, both parents have at least some parenting time with the child. In cases where the court determines that there are risks for the child, the court can order a parent to exercise parenting time under the supervision of a third party.
Orders are hard to change
It’s important to work with a brooklyn child custody attorney as soon as your divorce or child custody case begins, because once a child support order is in place, it’s hard to change. The courts presume that children benefit from stability. That means that they hesitate to make any changes to a custody order that’s already in effect.
To succeed making a request for a custody change, you must show that the circumstances of the case have changed or that an older child wishes to make a request for a change. Then, you must show that it’s best for the child to have a change. You need to have very high levels of proof in order for this to be successful. Working with a brooklyn custody attorney can help you maximize your chances for success.
If you’re looking to make a custody change, it’s important that you work with a brooklyn child custody lawyer. Your court papers need to state the reasons for the change in a way that complies with New York law. Failing to properly document the reasons for the changes can make a difference when it comes to your chances of success.
You can agree
If the parties agree on a custody or parenting time schedule, the courts generally order it. It might seem like it’s impossible to agree with the other parent on a schedule, but in many cases, the parties are able to make an agreement that they’re both willing to follow. Another good reason to work with our team of brooklyn custody attorneys is that we can help you understand the strengths and weaknesses of your case so that you can make smart decisions as your case moves through the courts.
The court has a great deal of guidance from New York law for how to set child support amounts. New York law says that a parent should contribute a certain percent of their income to the expenses of a child. The exact percent depends on how many children there are in the case.
However, a child support determination is far from an open and shut case. The parents might disagree as to what should be included as income for each parent. They might disagree as to whether to include child care expenses and what amount to include. There are many different factors and pieces of evidence that the court can consider. It’s important to work with a Brookyln child custody attorney in order to make sure you present evidence to the court about your true financial position.
Why work with an attorney
brooklyn child custody courts base their decisions on New York law. That means that you need to work with your attorney to prepare your case with admissible evidence for the judge to consider. With so much at stake, our skilled and experienced attorneys can give you the confidence to know that you’re making the best possible decisions at each step in the case. If you’re facing a divorce or child custody matter, please contact us today.
Brooklyn joint custody lawyers
If you are facing a child custody battle in the Brooklyn area, it is important to know that the best thing you can do to maximize your chances of achieving your goals in the dispute is to get a competent and experienced lawyer on your side. And the sooner you get strong legal counsel involved in the process, the more likely it will be that you will ultimately prevail in the proceedings.
In Brooklyn, as in the state of New York as a whole, all child custody hearings are handled by the state’s Family Court system. This area of the state’s judicial system has a number of unique features that make it a particuarly complex and challenging area of the law in which to practice.
The Family Court system is mostly guided by the existing body of case law. While there are a large number of statutory laws, such as the state’s Domestic Relations Laws, that are controlling in the Family Court setting, the vast majority of the rules, procedures and precedents set for the Family Court come from the extensive body of case law.
For this reason, it is extremely important that, in order to maximize your chances of a positive resolution to your child custody battle, you hire a competent lawyer who specializes in child custody law. Our lawyers have the skills, knowledge and experience to handle anything the Family Courts may throw your way. We have the winning track record and the extensive history in court that demonstrates our commitment to cases and ability to win when it counts.
Unfortunately, many parents who are going through the Family Courts for the first time do not fully grasp the seriousness of these proceedings. Unlike civil and even criminal law, Family Court rulings are both virtually unappealable and have effects that can literally last an entire lifetime, as in the awarding of alimony. Even in cases of child custody, the court’s decision will have binding effect until the child turns 18. That’s why it’s so important to get it right the first time around when you are facing actions brought in Family Court.
The two types of child custody
The state of New York recognizes two broad categories of child custody. The first is known as physical custody. This is the form of custody that is usually awarded to the parent living in the marital domicile, where the child has been accustomed to living. While physical custody can be granted to the parent that has left the marital domicile, such rulings are rare.
It is often not usual for joint physical custody to be granted. This is simply due to the fact that most cases appearing before the Family Court system involve situations where the parties have physically separated. Even though a parent may find themselves without any physical custody rights, this does not mean that they will have no right to visit their child or even have them live at their residence on a limited basis.
In fact, in nearly all cases brought before the Family Courts, the physically non-custodial parent is granted at least some visitation rights. In many cases, the child is allowed to live at the non-custodial parents home for significant portions of each month.
The other form of custody is known as legal custody. This form of custody denotes the ability of the custodial parents to make decisions involving the well being of the child. It also entails the ability of custodial parents to veto any decision taken by the other parent that they believe may be deleterious to the well being of the child.